South Africa Case Law

Molibeli v The Speaker of the Municipal Council : Fezile Dabi District Municipality and Others (4614/2022)

Molibeli v The Speaker of the Municipal Council : Fezile Dabi District Municipality and Others (4614/2022) [2022] ZAFSHC 332; [2023] 1 All SA 199 (FB) (15 November 2022)

Court

Free State High Court, Bloemfontein

Case number

4614/2022

Judge

Van Zyl

The High Court set aside a municipal manager’s precautionary suspension, finding the council failed to comply with mandatory disciplinary regulations and procedural fairness requirements.

• Precautionary Suspension
• Disciplinary Regulations For Senior Managers
• Municipal Manager Employment
• Procedural Fairness
• Substantial Compliance
• Condonation Of Non Compliance

Ntsoane v Thabazimbi Local Municipality (J 2585/14)

Ntsoane v Thabazimbi Local Municipality (J 2585/14) [2014] ZALCJHB 475 (2 December 2014)

Court

Labour Court Johannesburg

Case number

J 2585/14

Judge

Tlhotlhalemaje

The Labour Court struck an urgent application off the roll for lack of urgency where a municipal manager challenged special leave extended during an investigation.

• Precautionary Suspension
• Special Leave
• Municipal Manager Employment
• Urgency In Interdicts
• Local Government Regulations
• Labour-law

Lebu v Maquassi Hills Local Municipality (J 2035/11)

Lebu v Maquassi Hills Local Municipality (J 2035/11) [2011] ZALCJHB 170 (21 October 2011)

Court

Labour Court Johannesburg

Case number

J 2035/11

Judge

Steenkamp

The Labour Court set aside a municipal manager’s suspension for non-compliance with contractual and regulatory suspension requirements and ordered reinstatement.

• Unlawful Suspension
• Contractual Rights Of Employees
• Disciplinary Regulations
• Municipal Manager Employment
• Interdict Requirements
• Unlawful-suspension

Heyneke v Umhlatuze Municipality (D908/09)

Heyneke v Umhlatuze Municipality (D908/09) [2010] ZALC 57; (2010) 31 ILJ 2608 (LC) (24 March 2010)

Court

Labour Court

Case number

D908/09

Judge

Pillay D

The court found that the municipality's decision to place the applicant on special leave was unlawful, as it was imposed without his consent and not at his instance, contrary to the employment contract, legislation, and policy. The special leave was a façade for a precautionary suspension pending disciplinary proceedings, motivated by bad faith and ulterior purpose. The municipality failed to apply its mind, acted unreasonably, irrationally, and disproportionately, and did not justify the necessity of the special leave or the investigation. The court held that the special leave prejudiced bot…

Source excerpt

• Special Leave
• Ulterior Motive
• Bad Faith
• Municipal Manager Employment
• Breach Of Contract
• Principle Of Legality